REVIEWS
“Thank you ever so much for all the hard work you put into my case with the WCB. The results were overwhelming. I am more than please with the outcome”
— M.R.
“Professional, results oriented advocacy. I can recommend AWCC Consulting without hesitation. ”
— R.T.
“The impact your hard work has had on myself and my family may be second only to the accident that landed me in this situation. Thank you for helping me close a difficult chapter that has been lingering for several years. I can now look back on this experience with complete satisfaction and an eye towards the future…”
— K.D.
Examples of Positive Decisions Attained by AWCC:
Decision overturning deemed wage loss: AWCC recently received an Appeals Commission decision overturning a WCB deeming that had estimated a claimant’s post-injury earning capacity as a taxi dispatcher. The appeal succeeded because the panel was not satisfied the claimant had the required computer/keyboard skills or vocational background for dispatch work, finding the occupation was not consistent with the claimant’s vocational circumstances; having reached that conclusion, the panel did not need to determine whether physical restrictions would also have precluded the job. Notably, the Appeals Commission also granted Gahir relief—recognizing a “revolving door” history of unsuccessful or overturned deemed occupations—and confirmed entitlement continues until WCB identifies a truly suitable position. This case reinforces two key deeming principles: a deemed job must match real-world skills and experience (not theoretical capability), and it must be reasonably accessible in the actual labour market; consistent with the Workers’ Compensation Act, s.63, “fitness” to adapt to other suitable employment includes the practical vocational skill set required to perform and obtain the job.
Decision granting multiple benefit requests including wage loss and permanent partial disability entitlements:
This 48 page decision shows just how complex these matters can become and demonstrates that to be an effective advocate one must be well-informed, well organized and possess the ability to address complex and cascading issues of appeal. Expertise in WCB policy and procedure, medical report interpretation, cross comparison analysis as well as identifying deficiencies in reporting and bias are all required for successful appeal outcomes. Of the eight issues of appeal the Commission supported six of the entitlement requests and redirected the WCB to revisit issues pertaining to the deemed wage loss.
https://www.canlii.org/en/ab/abwcac/doc/2009/2009canlii65743/2009canlii65743.html
Decision granting an earning loss supplement through a reconsideration and subsequent appeal:
This decision by the WCB Appeals Commission (AC) was a result of a successful Reconsideration Request (reconsideration request are not granted very often) and a resulting decision in favour of my client granting them an Earning Loss Supplement (ELS). The decision illustrates how expert representation, particularly a thorough understanding of the Workers` Compensation Act, WCB policies, and AC practices can make all the difference in your pursuit of denied benefits.
https://www.canlii.org/en/ab/abwcac/doc/2007/2007canlii79755/2007canlii79755.html
Decision granting a request to establish a correct date of accident:
Upon review of this client's file it became readily apparent that the Workers' Compensation Board had misapplied the Workers' Compensation Act and WCB policy in setting the date of accident. The WCB set the date of accident erroneously, using the date the hearing loss claim was accepted, not when the noise exposure had resulted in the need for medical treatment in the mid-1980s. Why is the date of accident relevant? The date of accident has implications for benefits, services, and possible retroactive entitlement as accidents that occurred prior to January 1, 1995 are administered differently in several important respects.
https://www.canlii.org/en/ab/abwcac/doc/2006/2006canlii78141/2006canlii78141.html
Decision granting an earning loss extension beyond the age of 65:
This decision illustrates how informed and effective advocacy can result in the extension of an earning loss beyond normal retirement age. Combining both evidence to support the request, as well as setting out policy that mandates WCB decision making be made on the balance of probabilities resulted in a successful outcome.
https://www.canlii.org/en/ab/abwcac/doc/2006/2006canlii78549/2006canlii78549.html
The above noted decisions are only a small sample of the many positive decisions AWCC* has secured on behalf of injured workers.
*Formerly HAWC Consulting